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Chairman, Bangladesh Telephone and Telegraph Board Vs. Mohammad Toufique & ors, 2006, 35 CLC (AD)

....ghbazar and other areas were illegally occupied by trespassers and the respondent No. 5, General manager, Dhaka Telecommunication Region took decision for their eviction under the provision of the Government Lands and Buildings (Recovery of Possession) Ordinance (Ordinance No. LIV of 1965), in s...... Ed. ......urt Appellate Division (Civil) Present: Syed J. R Mudassir Husain CJ M. M. Ruhul Amin J Amirul Kabir Chowdhury J The Chairman, Bangladesh Telephone and Telegraph Board, Telejogajog Bhaban, 37/E, Eskaton Garden Road, P. S: Ramna, Dhaka-1000..............paper book is dispensed with as prayed for. The petitioner is directed to make the appeal ready for expeditious hearing. The order of status quo passed on 07.08.2005 vacated. Ed. ..

Category: Others | Date: | Hits: 97

Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)

.... any order as to costs. Ed. ...... to costs. Ed. ...... (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J The Government of Bangladesh, represented by the Secretary, Ministry of Republic Works and Urban Development…………………….........Appell......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 34

Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)

.... and the invoice value of the above Hard Boards and MDF Boards are respectively US$ 2.10. 2.05 and 2.00 per sheet and by SRO No. 75 issued on 15.05.99 issued under section 25(7) of the Customs Act, Government fixed tariff value on Hard Board size 8'x4'x3'min, which comes under the Heading No. 441......l) Present: Mohammad Fazlul Karim J Md. Hamidul Haque J Md. Tafazzul Islam J Commissioner of Customs and anr......Appellants (In all the cases) Vs Bangladesh Traders, Dhaka…………………...Respondents (In ......Ed. ......raders, Dhaka…………………...Respondents (In all the cases) Judgement October 20, 2003. Cases Referred to- Mr. Ayub and others Vs. Collector of Customs and others, Writ Petition No. 1495 of 1996; Rahmania Vanaspati Product Ltd..

Category: Fiscal/Taxation Law | Date: | Hits: 95

Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)

....nk.  By Ordinance XLIII of 1983 for Article 7 of P.O. 27 of 1973 following was substituted namely: 7. (1) The Board shall consist of the following Directors to be appointed by the Government namely: (a) Chairman; (b) The Managing Director; (c) seven ......thout any order as to costs. Ed. ......ivil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Bangladesh Krishi Bank…….......Appellant Vs A.F.M. Farid Uddin and others .........Respondents Judgement: May 19, 2004. Lawyers Involved: ......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..

Category: Administrative Law | Date: | Hits: 90

Ali Asgar Khan Vs. Md. Anwarul Islam, 2006, 35 CLC (AD)

....ourt fixed the suit for hearing on maintainability. Upon hearing only the learned Advocate for the plaintiffs the trial court by an order dated 03.08.1996 held that the plaintiff-respondents being Government employees their relief against the order of dismissal lies in the Administrative Tribuna......reme Court Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Mos...... Judgment:                    M. M. Ruhul Amin J .- This appeal by leave is directed against the judgment and order dated 21.08.1996 passed by a Division Bench of the High Court Division in First Miscellan......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Ali Asgar Khan, Registrar, Supreme Court of Bangladesh & others....Appellants. Vs. Md. Anwarul Islam being dead his heirs; Most. Afroza Begum& others...............Resp..

Category: Employment/Service Law | Date: | Hits: 76

Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)

....t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... and as such we do not find any substance in this petition. More so the petition appears to have not been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ...... Ed. ......yed J.R. Mudassir Husain CJ M. A. Aziz J Amirul Kabir Chowdhury J Md. Abdul Mannan Akanda…………………….....Petitioner Vs. Md. Lutfar Rahman and others……….........Respondents Judgement..

Category: Property Law | Date: | Hits: 34

Government of Bangladesh Vs. Kamrul Hasan, 2006, 35 CLC (AD)

....k.30.000/- (twenty thousand). Ed. ......enty thousand). Ed. ......nd). Ed. ......into consideration the basic fact that appointment of the respondent was cancelled in public interest. Accordingly the appeal is allowed with cost of Tk.30.000/- (twenty thousand). Ed. ..

Category: Administrative Law | Date: | Hits: 123

Government of Bangladesh Vs. A. S. M. Firoj Uddin Bhuiyan, 2006, 35 CLC (AD)

....osts. Ed. ......d. ...... Fazlul Karim J Md. Tafazzul Islam J Government of Bangladesh & Ors……...Appellants vs A. S. M. Firoj Uddin Bhuiyan being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. ......being dead his heirs Mrs Rosey Firoz and others……... ........Respondents Judgement February 10, 2004. Case Referred to- Central London Property Trust Ltd Vs. High Trees House Ltd, 1974 QB 130. Lawyers Involved: A. J. Mohammad Ali, Additio..

Category: Property Law | Date: | Hits: 41

Moksed Ali Mondal Vs. Abdus Samad Mondal and others, 2006, 35 CLC (AD)

....gment and decree passed by the Court of appeal decreeing the plaintiff's suit and this requires interference by us. Accordingly the appeal is allowed without any order as to costs. Ed. ......greement. The plaintiff surrendered his possession of 'Ka' schedule properties situated in India infavour of Ghose brothers who also gave possession of 'Kha' schedule properties to the plaintiff in Bangladesh in pursuance of the contract. But when the plaintiff came to this country on query he le...... Appellate Division (Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others………&he......Civil) Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzul Islam J Moksed Ali Mondal being dead his heirs Md. Abdul Mannan and others...Appellants. Vs. Abdus Samad Mondal and others…………..........Respondents. ..

Category: Property Law | Date: | Hits: 32

Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)

....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20 BLD (AD) 278; Sreemati Pushpa Rani Das and another Vs. A.K.M. Habibur Rahman a...... Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Rasheda Begum………………….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- ......ip;…….....Appellant Vs M.M. Nurussafa and others .........Respondents Judgement May 2, 2004. Cases Referred to- Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 12 BLD (AD) 247; Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd., 20..

Category: Civil Law | Date: | Hits: 122

Saleh Ahmed, Estate Officer Bangladesh Railway Vs. A.P.M. Basher, Advocate & ors, 2006, 35 CLC (AD)

....wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ......ere is no order as to costs. Ed. ...... Md. Ruhul Amin J M. M. Ruhul Amin J Saleh Ahmed, Estate Officer, Bangladesh Railway……………......Appellant Vs A.P.M. Basher, Advocate and others .........Respondents Judgement February 25, 2004. Lawyers Involved:......wed. The suit is sent back to the trial Court for disposal in the light of the direction made hereinabove. The record of the trial Court be sent down. There is no order as to costs. Ed. ..

Category: Property Law | Date: | Hits: 32

Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)

....llip;……………………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commer......ellip;………………………………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondent......llip;…………………..Appellant Versus Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Commerce, and others ..............Respondents Judgement: July 31, 2005. Lawyers Involve......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..

Category: Property Law | Date: | Hits: 38

Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2006, 35 CLC (AD)

....has quite legally filed the suit impleading the defendant Nos. 3 and 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ........Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. ...... Present: Md. Ruhul Amin J M. M. Ruhul Amin J Md. Tafazzal Islam J Sonali Bank..................................Appellant Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June ......Vs Md. Sirajul Hoque Chowdhury and others…………….........Respondents Judgement June 27, 2004. Case Referred to- Bangladesh Railway Vs. M/s. Sinaf Racht Chartering and Ship Broking Corporation, 5 BLD (AD) 115. Lawyers Involv..

Category: Banking Law | Date: | Hits: 129

Government of Bangladesh Vs. Hasrat Mohani and others, 2006, 35 CLC (AD)

....ssed. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......ate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referred to- Abdul Kader......preme Court Appellate Division (Civil) Present: Syed J. R. Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Government of Bangladesh………....Appellant Vs. Hasrat Mohani and others............Respondents Judgement June 21, 2005. Case Referr..

Category: Limitation Law | Date: | Hits: 156

Md. Saidur Rahman Shahid Vs. State, 2006, 35 CLC (AD)

....he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ......ns made in the judgment. As against that order dated 26.1.2003 accused petitioner filed Criminal Revision No. 546 of 2003 before a Division Bench of the High Court Division of the Supreme Court of Bangladesh and their lordships by judgment and order dated 17.6.2003 rejected the said criminal rev......r Rahman Shahid………………………………...Petitioner Vs The State, represented by the Deputy Commissioner, Dhaka and another…………… …...Respondents. Judgement ......he accused petitioner could not show any illegality or irregularity in the judgment and order of the High Court Division and as such the application for leave to appeal is dismissed. Ed. ..

Category: Criminal Law | Date: | Hits: 102

Robert Pinaru Vs. Moulana Habibur Rahman and others, 2006, 35 CLC (AD)

.... settled 41 decimals of land (including the land in suit) to one Taiyab Ali on 10th Baisakh, 1357 B. S. and in his name S. A. record was prepared and he possessed the land on payment of rent to the Government. Plaintiff by the kabala dated August 6, 1963 purchased from Taiyab Ali 41 decimals of ......out of that 14 decimals were acquired by C & B Department and thereupon he remained owner and possessor of 27 decimals of land. It was further averred that during the war of liberation he left Bangladesh and in his absence structures including dwelling house in the land in suit were destroye......rt Appellate Division (Civil) Present: Md. Ruhul Amin J K. M. Hassan J Robert Pinaru....................Appellant Vs. Moulana Habibur Rahman and others…….....Respondents Judgment April 7, 2003. Cases Referr...... (2004) 421. ..

Category: Property Law | Date: | Hits: 48

State Vs. Khandker Zillul Bari and other, 2006, 35 CLC (AD)

....nbsp;            Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the H......nbsp;     Amirul Kabir Chowdhury J.- Criminal Appeal No. 12 of 1998 has been preferred by the State represented by the Solicitor to the Government of People’s Republic of Bangladesh against the judgment and order passed by the High Court Division on 9th April, 1996in Cr......reme Court Appellate Division (Criminal) Present: Md. Fazlul Karim J MA Aziz J Amirul Kabir Chowdhury J State............Appellant Vs. Khandker Zillul Bari and others.....Respondents Judgment May 2, 2005. The Evide......, 77. ..

Category: Criminal Law | Date: | Hits: 129

Hotel Agrabad Ltd. CTG Vs. Chairman, First Labour Court, Khatungonj, CTG & ors, 2008, 37 CLC (AD)

.... below for proper appreciation of the contentions raised on behalf of both the parties. "5. Penalty. - (1) Where any company fails to comply with the provisions of section 3, the Government may, by order in writing, require it to comply with those provisions within such time a......ce the impugned Judgment passed in the aforesaid two writ petitions deserves no interference by this court. Both the appeals are accordingly dismissed without any order as to costs. Ed. ......l Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents Judgment January10, 2007 Case Referred to- ......ad Fazlul Karim J Amirul Kabir Chowdhury J Md. Joynul Abedin J Hotel Agrabad Ltd. Chittagong, represented by its Managing Director........Appellant (In both the cases) Vs. The Chairman, First Labour Court, Khatungonj, Chittagong and others .......Respondents ..

Category: Labour and Industrial Law | Date: | Hits: 95

Government of the People's Republic of Bangladesh Vs. Md. Fariduddin Talukder, 2008, 37 CLC (AD)

....n:  61 DLR (AD) (2009) 111. ...... Supreme Court Appellate Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-op...... Amin J MM Ruhul Amin J Md. Tafazzul Islam J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder.................m J The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Local Government, Rural Development and Co-operatives, and others.....Petitioners. Vs. Md. Fariduddin Talukder...................................Respondent Judgment ..

Category: Civil Law | Date: | Hits: 104

Ramesh Chandra Barman and others Vs. Sree Sree Iswar Kalachan Jieu Thakur & Another, 2008, 37 CLC (AD)

....tta, at the time of executing power of attor­ney dated 9.7.1998, was a citizen of Bangla­desh by birth as he went to India with a stu­dent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh......a (Bulu)................Respondent (In Civil Petition No. 97 of 2007) Judgment October 3, 2007. Hindu Law Shebait Binod Behari Dutta ceased to be a shebait of the deity after leaving Bangladesh for India. Therefore, he cannot, by executing a power of attorney, entrust the petitioner......2008) 24, 19 BLT (AD) (2011) 07. ......rth as he went to India with a stu­dent visa holding a Pakistani passport and that in the case of Government of Bangladesh vs. Ms. Ispahani 40 DLR(AD) 116 and in the case of Government of Bangladesh Vs. Pro­fessor Golam Azam 46 DLR(AD)192 it has been held that a citizen by birth is a citizen of th..

Category: Civil Law | Date: | Hits: 111